How to File for a Restraining Order

You can obtain a restraining order most quickly by calling the police. Family court personnel and shelter volunteers can also assist you in getting one.

Difficulty: Moderate

Instructions

1. Call 911 if you're in immediate danger. Call if you're being threatened, being abused, or if you've just been abused and the abuse has ended. Tell the police you want to press charges. The criminal court will issue a restraining order immediately if the case is prosecuted.

2. Get yourself and your children to safety. Find the local domestic violence shelter (see "How to Find a Battered Women's Shelter") and ask for help. The staff there may be able to get you to a safe house and help you file for a restraining order.

3. Go to the police station and ask how to press charges if you didn't call them right after the abuse happened. Obtain any needed papers.

4. Call your local family court and find out how to file for a restraining order in that court. Go to the court and get the papers you need.

5. Fill out all papers that are given to you. Include Social Security numbers, birth dates, dates abuse occurred, names of witnesses, any photographs that were taken, and details about exactly how you were abused.

6. Protect your children from abuse by obtaining restraining orders for them as well. Your children may be entitled to restraining orders if they were physically abused, emotionally abused or witnesses to abuse that happened to you.

7. Sign the papers before a notary if directed. Court clerks are notaries.

8. Know that you can request a restraining order during a divorce. You may do so when you file or at any time during the case.

Tips & Warnings

• In some states, restraining orders are called orders of protection. Court personnel will understand either terminology. Your local court that deals with family issues may be called something other than family court.
• Hire an attorney if you can afford to. This is very helpful in family court.
• Understand that in criminal court, you're not the one who has to prove the abuse happened. The district, town or city attorney will handle this.
• You can get a restraining order if you're afraid you'll be harmed but nothing has actually happened yet.
• Get yourself out of the abusive situation. Your safety and that of your children is of primary importance.

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[domineko]

on 6/29/2009 Orders of protection can also be abused, as a way of gainng a position of strength in a divorce proceeding, removing a spouse, when no physical abuse occurred. Most disagreeing couples have heated arguments, but, the male is usually targetted to be removed from his own home due to an argument, this behavior will cause many men to not marry, due to having no control over his stability, Attnys also use it as an advantage to enrich themselves, so, they are the negiotiators in a divorce and are paid 200- 500,00 per hr to settle issues that are worth $1000,00. Family courts in my case and others are abusing orders of Protection especially in NY, for the benefit of attorneys. When orders of Protection are used the divorce gets expensive like in my case $100,000.00 for people making approximately $60,000.00 per year. For people who are really abused physically, emotionally, are commen...

[kibe222]

on 5/22/2009 In some states a restraining order and a protective order are two very different things. A restraining order is for property and finances and a protective order is for your physical safety.